Express & Star

Many Rivers To Cross as UB40 case heads for High Court trial

Ex-UB40 frontman Ali Campbell was 'disappointed' by a judge's ruling after a tense stand-off with his brothers and ex-bandmates over the right to use the 1980s reggae group's name.

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The six members of the band – which Ali left behind when he quit in 2008 – claim that they are the only ones who can call themselves UB40 and are suing him in the High Court.

They want an injunction and damages against Ali and the splinter group he set up two years ago, who they accuse of 'passing themselves off' as UB40.

But Ali, co-frontman Astro and Mickey Virtue say it is they who the public associate with the name and it is they who the fans really want to see.

During a fractious High Court hearing, Ali tried to land a knock-out legal blow on his brothers, Robin and Duncan, who still play with four others as UB40.

However, Judge Mark Pelling QC has refused to strike out their case – ruling they have a 'realistically arguable basis' for their complaints against Ali and his band.

After the judge opened the way for a full High Court trial of the dispute, Ali, Mickey and Astro vowed to 'vigorously defend the claim made against us'. Ali, aged 57, and his band are currently on a major tour, using the name 'UB40 featuring Ali Campbell, Astro and Mickey Virtue'.

But Robin and Duncan Campbell, James Brown, Norman Hassan, Brian Travers and Earl Falconer insist that Ali's band has no right to use the UB40 name in any form.

Ali and his band were accused by Edward Cullen QC of 'seeking to exploit for themselves' the 'substantial goodwill' built up by UB40 since the split. The court heard that, in their early days, all the band members were 'employed' by their production company, which is now in liquidation.

Mr Cullen said they had all agreed that they had no rights whatsoever' in the UB40 name and would stop using it if they ceased to be a member. But Ali's legal team said he and his band were 'assigned' all of the company's rights, including goodwill and the UB40 trade mark, in June last year.

They are as much UB40 as the band they left behind and the claims against them should be dismissed out of hand, they argued. The group split after hitting difficulties in 2008. Their production company went bust, their back catalogue was sold and there were bankruptcies among band members.

Ali and his band's arguments that their rivals had 'no real prospect of success at trial' were rejected. Robin, Duncan and their band had 'a realistically arguable basis' for their claims, the judge ruled.

Ali, Astro and Mickey, speaking after the hearing, said: "We are disappointed that the court has not been prepared to dismiss the claim without a full trial." UB40 released a statement which said: "UB40 are pleased with today's judgment and look forward to the case progressing to trial." No date was set for the full trial.

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